Employment & Support Allowance (ESA) and HIV/AIDS, DLA, training etc .. - Answers to Freedom of Information Request.
Tue, 13/01/2009 - 8:41pm
www.dwp.gov.uk/esaA few weeks ago I submitted a number of questions to the DWP regarding training for staff with respect to HIV/AIDS. This followed a response from the department stating that the only information availible was on the DWP Intranet.
Of importance is the role of those in reciept of Disability Living Allowance. This WILL NOT be accepted as evidence of severe disablement - see point 7 below.
All documents are in .pdf format.
'I am writing in response to your request for information about the Employment and Support Allowance (ESA) process, training and implementation. As your request covers a number of areas I have tried to deal with them in the order raised, where appropriate I have included email links to documents or the documents themselves.
The Employment and Support Allowance was introduced on the 27 October 2008 and applies to new customers, replacing Incapacity Benefit and Income Support paid on incapacity grounds. The original policy intentions for the new allowance were set out in the Green Paper “A new deal for welfare: Empowering people to work”
Our current policy is available through the Employment and Support Allowance link on the DWP website http://www.dwp.gov.uk/esa
1. What training have staff across the department who are engaged with dealing with a claimant with HIV/AIDS received?
The learning programme for Jobcentre Plus advisers focuses on raising awareness of the customer’s personal circumstances and the impact this might have on their ability to move into sustainable employment. As such, all our customer-facing staff are equipped to help the customer focus on what they can do in the world of work and where necessary, to sign post them to where they can get specialist help to address a condition. HIV is mentioned specifically with regards to discrimination and all Jobcentre Plus staff have access to information about HIV through guidance on our Intranet.
2. Who provided this training?
The training was developed and is delivered by Jobcentre Plus Learning & Development personnel. It was reviewed extensively across DWP and by the Jobcentre Plus Customer Representatives Group (members include MIND, Rethink, RNID, CAB).
3. How often is this training reviewed and refreshed by staff?
Jobcentre Plus Diversity training was revised and re launched in April 2008 to support staff in undertaking their role effectively and to meet our legal obligations as an Employer, and in supporting our customers into sustainable employment.
4. What constitutes “severe disablement” as it is mentioned in relation to eligibility for the Support Allowance and/or “no conditionality” group?
The criteria for Limited Capability for Work Related Activity (Support Group) are detailed in Part 6 and Schedule 3 of the Employment and Support Allowance Regulations 2008.
5. Who makes the determination on “severe disablement”?
Decision Makers employed by Jobcentre Plus make the determination on “severe disablement”.
6. What is the internal process used and detail for assessing and deciding “severe disablement”?
Decision Makers within Jobcentre Plus make referrals for advice to healthcare professionals within Atos Healthcare. The procedure that healthcare professionals follow for determining whether a customer is in the support group is detailed in the attached guide entitled “ESA Filework Guidelines.”
7. Is receipt of Disability Living Allowance accepted as evidence in support of a claim where this may be seen or understood by the department as ‘having severe disablement”? If so at what rate i.e. higher rate care is this considered?
No – receipt of Disability Living Allowance is not accepted evidence to support a claim where this may be seen or understood by the department as ‘having severe disablement’.
8. What process exists to challenge the department or any 3rd party where the claimant believes they are suffering adversely because of HIV related stigma on the part of the organisation or agent thereof?
The existing customer complaint procedures would apply in this circumstance. The process for customer complaints can be accessed throughhttp://www.jobcentreplus.gov.uk/JCP/Aboutus/Contactus/Yourcomments/contactus.aspx
9. What process exists where a claimant with a “fluctuating” medical condition such as HIV, can migrate from the “employment” “conditionality” group to the Support Allowance and “no conditionality” group?
The Work Capability Assessment takes into account a customer’s functional ability over a period of time and is not a “snapshot” of the person’s ability on a particular day. If a customer considers that their condition is worsening, they can inform Jobcentre Plus who will review their case.
10. When claimants are under the Work Capability Assessment how does this specifically capture HIV and/or fluctuating conditions?
The healthcare professional who is responsible for assessing the customer will take into account all available evidence that may include information provided by the customer on their self assessment form, further medical evidence from treating clinicians and information provided by the customer at the time of assessment.
11. Are the medical advisors who may take part in this process skilled in HIV/AIDS?
Healthcare professionals employed by Atos Healthcare undertake a full training programme. Please see additional information below.
12. What is the detail and evidence of this understanding? What is the training programme associated with keeping the department medical staff up to date with HIV?
All healthcare professionals working for Atos Healthcare receive guidance in the form of an evidence based protocol for HIV/AIDs. In addition, healthcare professionals may receive update training on HIV/AIDs in the form of a learning set. A copy of both of these is attached.
Medical Serices HIV/AIDS document 1, Medical Services Training Development HIV/AIDS (Learning set) MED-CMEP-0078 document 2.
13. What process does the department engage where a claimant with HIV feels that jobs they are applying for are not forthcoming due to employers’ stigma?
If a person feels they have been unlawfully discriminated against by an employer for a reason related to disability we would investigate the employer (if the vacancy is being handled by Jobcentre Plus) and (whether or not a Jobcentre Plus vacancy) advise the individual of their right to pursue a claim to an Employment Tribunal, suggesting they might need legal advice - would let them know of the support offered by the Equality and Human Rights Commission (EHRC) to individuals.
14. What are the department’s plans for dealing with this type of “barrier”?
There are a number of Departmental employer-related activities designed to encourage employers to employ disabled people. These are generic about disabled people and can be tailored to meet the specific needs of the individual and employer, rather than relating to different types of impairment. The employ-Ability website is a useful source of information. http://www.employ-ability.org.uk/.
15. Where someone is asked to give supporting information on health such as the details of medical professionals engaged in their care.
Any medical evidence submitted by the customer will be taken into account when determining entitlement to benefit. The decision to obtain further medical evidence is made by healthcare professionals working for Atos Healthcare depending upon the circumstances of the individual case.
16. Will the department be seeking this further evidence for consideration of a claim?
The process for considering further evidence is detailed in the attached guidance entitled “ESA Filework Guidelines.”
17. What is the process for this?
The process in outlined in the attached guidance.
18. What is the process for ensuring confidentiality of claimant’s information especially where there maybe a requirement for an agent of the Department such as medical advisors or private companies to which the claimant has been passed to find work?
All third Party Contractors are contractually bound to the Social Security Administration Act 1992 legislation providing the legal basis for sharing of personal customer data and confidentiality. In addition the DWP has also developed robust security protocols which are contractually binding to third party contractors to ensure the safe transfer and storage of customers Personal Data.
If you are not satisfied with my handling of your request please tell me why within two calendar months of the date of this letter. I will then arrange for someone to conduct an internal review of your request and my handling/decision. The review will be conducted by another officer, usually of a more senior grade to myself. This person will have taken no part in my original decision. You will be advised of their decision in writing.
If you are still not content with the outcome of the internal review you have the right to apply directly to the Information Commissioner to look into the way your request has been handled. Please note that generally the Commissioner cannot make a decision unless you have first exhausted DWP’s own complaints procedure. The Commissioner can be contacted at:
FoI Complaints Resolution
Information Commissioner’s Office
Wycliffe House
Water Lane
Wilmslow
Cheshire
SK9 5AF
Fax: 01625 545 510
Fax: 01625 545 510
email:mail@ico.gsi.gov.uk '
PDF version
Wed, 14/01/2009 - 5:14pm
#2
Don't igonore forms from the DWP
I know it may revolt you but do not ignore it. Doing so and allowing the deadline for submission to pass may mean your benefits are stopped.
If you need more time call the Decision Maker on the number on the letter provided and ask.
If you need assistance try your local HIV Service details can be found usually on your local council website or call Terrence Higgins Trust - www.tht.org.uk they get some funding to provide support in this area.
Please let us know how you get on as it helps with 'real' evidence as to the effects which are not yet known. We will continue to argue our case on the information the DWP have provided and do so with other interested parties in the HIV Sector.
i have the esa50 form here. i have to have it filled in by the 3rd of febuary. i cant look at it .it revolts me